Digital Commons Network^™

The Man In The Mirror, David A. Logan

Michigan Law Review

A Review of Cardozo: A Study in Reputation by Richard A. Posner

Which Side Are You On?: Trying To Be For Labor When It's Flat On Its Back, John Edward Connelly

Michigan Law Review

A Review of Which Side Are You On?: Trying to Be for Labor When It's Flat on Its Back by Thomas Geoghegan

African Economic Community And The Promotion Of Intra-African Trade, Muna Ndulo

Cornell Law Faculty Publications

No abstract provided.

"Who Owns The Child?": Meyer And Pierce And The Child As Property, Barbara Bennett Woodhouse

William & Mary Law Review

No abstract provided.

Better Off With The Reasonable Man Dead Or The Reasonable Man Did The Darndest Things, Randy T. Austin

BYU Law Review

No abstract provided.

Humor, The Law, And Judge Kozinski's Greatest Hits, David A. Golden

BYU Law Review

No abstract provided.

Judicial Federalism: Current Trends And Long-Term Prospects, Stanley H. Friedelbaum

Florida State University Law Review

No abstract provided.

Santa Clara Magazine, Volume 34 Number 3, Spring 1992, Santa Clara University

Santa Clara Magazine

12 - EAST L.A. STORY Jesuit-run Dolores Mission Alternative School is a last chance for East L.A.'s troubled teen-agers, many of whom are members of violent Latino gangs. By Rene Romo '86

20 - ONE IS TOO MANY TWO ARE NOT ENOUGH A personal account of one woman's struggle with alcohol addiction. By Lisa Agrimonti '87

24 - UP CLOSE: WITOLD KRASSOWSKI After five years in the Polish Underground Army during WW II, the founder of SCU's Sociology Department came to America and discovered teaching. His 40-year commitment to students has never waivered. By Christine Spielberger '69

28 - WORKING …

Where Have You Gone, Karl Llewellyn? Should Congress Turn Its Lonely Eyes To You?, Stephen F. Ross

Vanderbilt Law Review

Over forty years ago, in the Symposium we commemorate today, Professor Karl Llewellyn wrote a devastating critique of the canons of statutory construction. For virtually every canon of construction, he demonstrated that there was another canon that could be employed to reach the opposite result. His point was not to be critical, but to argue proscriptively that the process of statutory construction requires an interpretation in light of a judicial determination of "some assumed purpose."'

Other commentators, both before and after the publication of Llewellyn's magnificent contribution to the Vanderbilt Law Review, have taken a different approach. These observers have …

Modern Statutes, Loose Canons, And The Limits Of Practical Reason: A Response To Farber And Ross, Edward L. Rubin

Vanderbilt Law Review

Daniel Farber' and Stephen Ross, in separate contributions to this Symposium, raise the most crucial question in modern statutory interpretation, a question that exposes the profound triviality of the canons of statutory construction that Karl Llewellyn so effectively attacked. Ross points out that the legislature can control, or at least attempt to control, the judicial use of the canons by the way it drafts the statute and by effective use of supplementary materials such as mark-ups, committee reports, and floor debates. Farber, in his critique of formalism, demonstrates that formalist interpretation is an impediment to effective statutory drafting. Inherent in …

The Inevitability Of Practical Reason: Statutes, Formalism, And The Rule Of Law, Daniel A. Farber

Vanderbilt Law Review

This Symposium commemorates the publication of Karl Llewellyn's assault on the canons of statutory interpretation. This Article seeks to situate Llewellyn's view of statutory interpretation within the ongoing debate between advocates of practical reason and formalism.

Many critics of practical reason question its compatibility with the rule of law. If we cannot precisely describe the operation of practical reason, can we have any confidence in its ability to guide judicial decisions? Or, on the contrary, does formalism provide a greater degree of democratic accountability, certainty, stability, and predictability than practical reason? These questions are the primary concern of this Article. …

Killing Us Softly: Divorce Mediation And The Politics Of Power, Penelope E. Bryan

Buffalo Law Review

No abstract provided.

The Convergence Of The Taxation Systems Of The Developed Nations, Russell K. Osgood

Cornell International Law Journal

No abstract provided.

Japan’S Constitution And U.N. Obligations In The Persian Gulf War: A Case For Non-Military Participation In U.N. Enforcement Actions, Robert B. Funk

Cornell International Law Journal

No abstract provided.

The Myth Of Conditional Relevancy, Ronald J. Allen

Loyola of Los Angeles Law Review

No abstract provided.

Admonishing Jurors To Disregard What They Haven't Heard, Paul Bergman

Loyola of Los Angeles Law Review

No abstract provided.

Dolphins And Hormones: Gatt And The Legal Environment For International Trade After The Uruguay Round, John H. Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

Dolphins And Hormones: Gatt And The Legal Environment For International Trade After The Uruguay Round, John H. Jackson

University of Arkansas at Little Rock Law Review

No abstract provided.

Legal Personhood For Artificial Intelligences, Lawrence B. Solum

North Carolina Law Review

No abstract provided.

International Human Rights Law: A Development Overview And Domestic Application Within The U.S. Criminal Justice System, William D. Auman

North Carolina Central Law Review

No abstract provided.

Language Rights And The Legal Status Of English-Only Laws In The Public And Private Sector, North Carolina Central Law Review

North Carolina Central Law Review

No abstract provided.

Quasi-Constitutional Law: Clear Statement Rules As Constitu, William N. Eskridge, Jr., Philip P. Frickey

Vanderbilt Law Review

In one of the most celebrated law review articles of all time, Karl Llewellyn argued that the traditional canons of statutory construction are not reliable guides to predicting judicial interpretations, because for every canon supporting one interpretation there is a counter-canon cutting against that interpretation. He accomplished his tour de force in large part by focusing upon the "referential" canons-rules referring the Court to an outside or preexisting source to determine statutory meaning'-and upon the "linguistic" canons-general conventions of language, grammar, and syntax. Llewellyn did not explore in any detail the "substantive" canons, the clear statement rules or presumptions of …

The Costs Of Incoherence: A Comment On Plain Meaning, West Virginia University Hospitals, Inc. V. Casey, And Due Process Of Statutory Interpretation, T. Alexander Aleinikoff, Theodore M. Shaw

Vanderbilt Law Review

Karl Llewellyn's classic article on the canons of statutory construction, which we rightly celebrate in this Symposium, is too clever by half. To the reader untutored in the scholarly literature on statutory interpretation, the "thrust but parry" pairing of the canons is a delightful demonstration of how legal argument is structured in a way guaranteed to maintain discretion in the judiciary and to keep lawyers in business. No case involving a statute is clear cut because the canons can lend support to either side. This means that no lawyer is without an argument, and a judge is free to do …

The Presumption Of Reviewability: A Study In Canonical Construction And Its Consequences, Daniel B. Rodriguez

Vanderbilt Law Review

The much-maligned canons of statutory construction stubbornly have survived, largely on the strength of the assertion that whatever the aim of the statute's interpretation, an interpretive canon will improve the chances that the statute's aim will be realized. Canonical construction serves two different functions. Some of the canons ostensibly are designed as short-cuts to the discovery of the legislature's "true" intent. Professor Geoffrey Miller has explained how the canons may reflect the judicial articulations of conversational conventions that help courts understand otherwise vexing statutory language.' Canons may also serve as surrogates for other, better evidence of legislators' intent. In this …

At Play In The Fields Of The Word: Copyright And The Construction Of Authorship In The Post-Literate Millennium, David Lange

Law and Contemporary Problems

The future of intellectual property rights is discussed. The emergence of new technologies will free authors from the constraints of publishers, and may lead to the transformation of copyright law.

Death Privacy And The Free Exercise Of Religion , Tom Stacy

Cornell Law Review

No abstract provided.

Performing The Constitution, Denis J. Brion

Washington and Lee Law Review

No abstract provided.

The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones

Vanderbilt Law Review

It is incredible that our people's faith could have brought them so much they sought in the law and left them with so little they need in life. It is so unfair. Like the crusaders of old we sought our Holy Grail of "equal opportunity," and having gained it in court decisions and civil rights statutes, found the quest to be for naught. Equal opportunity, far from being the means of achieving racial equality, has become yet another device for perpetuating the racial status quo.'

Title VII of the Civil Rights Act of 1964 was hailed as the most important …

The Idea Of A Legal Unconscious, Arthur J. Jacobson

Cardozo Law Review

No abstract provided.

The Law As A Medium Of Communication, Richard Münch

Cardozo Law Review

No abstract provided.